Bill C-586: An Act to amend the Canada Transportation Act (producer railway cars)

C-586 Third Session, Fortieth Parliament, 59 Elizabeth II, 2010 HOUSE OF COMMONS OF CANADA BILL C-586 An Act to amend the Canada Transportation Act (producer railway cars) first reading, October 27, 2010 Mr. Goodale 403200 SUMMARY This enactment amends the Canada Transportation Act to provide a new procedure to be followed by railway companies seeking to discontinue the operation of a railway siding that is used by producers of grain to load and transport grain by railway cars. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca .vis1 {position: absolute;display:block;} .vis2 {position: static;} 3rd Session, 40th Parliament, 59 Elizabeth II, 2010 house of commons of canada BILL C-586 An Act to amend the Canada Transportation Act (producer railway cars) 1996, c. 10 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Subsection 140(2) of the Canada Transportation Act is replaced by the following: Deemed railway line for producer railway cars (2) Despite the definition “railway line” in subsection (1), any siding that has, at any time on or after January 1, 2010, been included in a list prepared pursuant to subsection 151.1(1) is a deemed railway line for the purposes of this Division. Determination (3) The Agency may determine as a question of fact what constitutes a yard track, siding, spur or other track auxiliary to a railway line and whether a particular siding is included in a list prepared pursuant to subsection 151.1(1). 2. Section 141 of the Act is amended by adding the following after subsection (1): Plan for deemed railway lines (1.1) Within 60 days after the coming into force of this subsection and every three years thereafter, a railway company shall prepare a plan in respect of all deemed railway lines that are operated by the company. The plan shall indicate whether the company intends to continue to operate each deemed railway line or to take steps to discontinue operating the line after December 31 of the third year after the year in which it was prepared. The plan shall remain in effect from the time of its preparation until December 31 of the third year after the year in which it was prepared. Once a plan has been prepared, it may not be revised to include additional deemed railway lines that the company intends to discontinue operating. 3. Subsection 141(2) of the Act is replaced by the following: Publication of plan (2) The railway company shall publish the plan prepared under subsection (1) on its Internet site and make it available for public inspection in offices of the company that it designates for that purpose. 4. Section 142 of the Act is amended by adding the following after subsection (2): Limitation regarding deemed railway lines (2.1) A railway company shall not take steps to discontinue operating a deemed railway line unless the company has applied to the Agency for this purpose and has (a) indicated its intention to discontinue operating the line in its plan for at least three years; (b) satisfied the Agency that the discontinuance of the line is in the public interest, having regard in particular to the right of producers to be allocated railway cars under subsection 87(2) of the Canada Grain Act; and (c) given at least 60 days written notice to all the parties identified in subsection 141(2.1) and to any community-based group that has been in contact with the railway company in relation to the matter described in subsection 142(3) in respect of the line. Submissions (2.2) The parties referred to in paragraph (2.1)(c), and any other parties that the Agency considers appropriate, shall be given an adequate opportunity to make submissions to the Agency with respect to the proposed discontinuance of operation of the railway line. 5. Subsection 151.1(3) of the Act is repealed. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada